Dato’ R. Ganesan is not the Legitimate Speaker of the Perak State Legislative Assembly. Even if he had been legitimately elected, he is now disqualified by virtue of the Perak State Constitution as Dato’ R. Ganesan continues in his profession as an Advocate & Solicitor

We all know that Dato’ R. Ganesan was never properly elected as the Speaker of the Perak State Legislative Assembly at the sitting on 7/5/2009 where the lawful and legitimate Speaker YB V. Sivakumar was illegally and forcibly removed from the State Assembly.

The purported election of Dato’ R. Ganesan by the BN elected representatives holding a sub-assembly within the Assembly was carried out before the opening of the session of the Legislative Assembly i.e before the opening speech of his Royal Highness the Regent of Perak. How can a proceeding or a decision made prior to the commencement of a meeting be valid? Moreover, at the material time the legitimate speaker YB V. Sivakumar was still holding the chair of the Speaker at the State Assembly sitting.

We have been informed by Mr Chan Kok Keong, the lawyer for Speaker YB V. Sivakumar that he has received a letter from the Malaysian Bar dated 12.8.2009 confirming that Dato’ R. Ganesan is still actively practising as a lawyer holding a valid Practising Certificate under the Legal Profession Act 1976. A copy of the letter is annexed hereto.

Even assuming that Dato’ R. Ganesan was rightfully elected (which he was not) on 7/5/2009, his failure to cease practice as a lawyer would have disqualified him in any event by virtue of Article XXX VIA (5) of the Laws of the Constitution of Perak which provides as follows:-

(5) A member who is elected to be the Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.

It has been more that 3 months since the purported election of Dato’ R. Ganesan as the Speaker of the Perak State Legislative Assembly and by continuing in his legal profession, he is now disqualified as its Speaker even if we accept BN’s assertion that he was properly elected.

Therefore, we hope that BN will respect the rule of law and recognize that the only legitimate Speaker for the Perak State Legislative Assembly is YB V. Sivakumar.

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